Philosophy of Tort Law

Hardcover (Print)
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Product Details

  • ISBN-13: 9781855211094
  • Publisher: Ashgate Publishing, Limited
  • Publication date: 1/28/1993
  • Series: Applied Legal Philosophy Series
  • Pages: 254
  • Product dimensions: 6.20 (w) x 9.30 (h) x 1.00 (d)

Table of Contents

Series Preface
Introduction 1
Pt. I Theories of Tort Law
1 Moral Responsibility and Social Utility 7
2 Corrective Justice and Distributive Justice 11
3 Fault and Strict Liability 21
4 Critical Analysis 29
Introduction 29
The Monistic Theories 31
Calabresi's Economic Theory of Liability 31
Posner's Cost-benefit Analysis 36
A Critical Comment on Deterrence 43
Weinrib's Non-instrumental, Moral Notion of Tortious Liability 44
Rule Scepticism 60
Pluralist Theories 64
5 The Idea of Complementarity: A Philosophical Basis for Legal Pluralism 85
6 Historical-Comparative Analysis 93
Pt. II Alternative Compensation Systems
7 Alternative Compensation Systems 109
Pt. III Practices of Tort Law
8 Introduction 123
9 Constitutional Judicial Review 125
10 Defamation and Privacy 135
11 Punitive Damages 145
12 Informed Consent: The Problem of Autonomy and Compensation 161
13 The Duty to Control Conduct of Other Persons: The Prevention of Crime 175
Doctor, Patient and Third-party Victim 176
Landlord's Liability for Crimes Committed Upon, or Adjacent to, Premises 180
The Duty of Public Authorities to Protect Citizens Against Crime 184
14 The Duty to Prevent Harm from Third Parties: The Problem of Emotional Distress 199
15 The Duty to Prevent Harm from Third Parties: The Problem of Economic Loss 211
16 Mass Torts 219
17 Conclusion 227
Bibliography 231
Index 249
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